Berkeley Offers Stronger Protection Against Tenant Harassment than Richmond but Municipal Laws are Continually Evolving

In March 2017, the City of Berkeley adopted their Tenant Protection Ordinance. Much of the wording appears to be patterned after the San Francisco and Oakland harassment or protection ordinances. However, Berkeley places additional emphasis on landlord reports to ICE (Immigration and Customs Enforcement) and adds a section on a landlord's exploitation on a tenant's disability as well as wording relating to human trafficking.

In Berkeley, for units covered by rent control and/or just cause eviction ordinance, landlords are required to issue a notice at the beginning of tenancy that began after April 2017 and this notice must be included with any eviction notice.

Richmond residents are newer to rent control. Rent control was enacted on December 30, 2016. A small section of the municipal code speaks to homeowner and tenant protection but the code is significantly "thin" compared to municipalities with more established rent control ordinances. To learn more about Richmond's rent control program, the City offers workshops for landlords and for tenants and they make their presentations available via the following link.

Below is a comparison of the two ordinances.

BERKELEY	RICHMOND
B.M.C.  Sec. 13.79.060 Tenant Protections	R.M.C. sections 11.100.040 and 11.100.050 Tenant and Homeowner Protections
No Landlord of any Rental Unit located in the City of Berkeley, shall do any of the following in BAD FAITH	No landlord shall take action to terminate any tenancy, including but limited to making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, or bringing any action to recover possession or be granted recovery of possession of a rental unit unless [there is a just cause for eviction.] R.M.C. 11.100.050
Influence or attempt to influence a tenant to vacate rental housing through fraud, intimidation, or coercion or through unauthorized physical acts	Homeowner Protections: Home-ownership is of great importance to the residents of the City of Richmond. The following protections for homeowners shall be part of this ordinance: 1) temporary rentals allowed; 2) small, second units unregulated. A unit that is lawful and in compliance with the Small Second Unit Ordinance of the R.M.C. sec. 15.04.810 will be exempt from this Chapter if the owner is the Primary Resident of the first, larger single-family home. 3) Renting of a room unregulated. . .where the tenant shares a bathroom or kitchen with the homeowner shall be exempt from this Chapter if the home is the primary residence of the homeowner. R.M.C. sec. 11.100.040
Threaten by use of fraud, intimidation, or coercion to terminate a tenancy, to recover possession of a Rental Unit, or to evict a Tenant from a Rental Unit. Such threats shall include threatening to report any Tenant, occupant, or guest of any Tenant or occupant, to U.S. Immigration and Customs Enforcement
Reduce, interrupt, or withhold any services or amenities provided to the Tenant pursuant to rental agreement, custom, or law. Such services include, but are not limited to, provision of the quiet use and enjoyment of the Rental Unit.
Interfere with a tenant’s right to privacy. Unlawful interference with a Tenant’s right to privacy shall include, but is not limited to, requesting information regarding citizenship or residency status or social security number of any Tenant or member of the Tenant’s family or household, occupant, or guest of any Tenant, except for the purpose of obtaining information for the qualifications for a tenancy prior to the inception of tenancy. . .
Abuse the owner’s right of access into a rental housing unit as established and limited by Cal. Civ. Code sec. 1954
Abuse, exploit, discriminate, or take advantage of, any actual or perceived disability, trait or characteristic of any Tenant, including, but not limited to, the Tenant’s participation in any section 8, housing choice voucher, or other subsidized housing program.
Fail to perform repairs or threaten to do so or fail to exercise due diligence in completing repairs and maintenance
Threaten to not perform repairs and maintenance required by contract, custom, or law, or threaten to do so
Refuse to accept or acknowledge receipt of a tenant’s rent, or to promptly deposit a Tenant’s rent payment, or to promptly provide a receipt to a tenant upon request, except as such refusal may be permitted by state law after a notice to quit has been served and the time period for performance pursuant to the notice has expired.
Offer payments to a tenant to vacate without providing notice to the Tenant of his or her rights under this Chapter, using the from prescribe by City staff, however, this shall not prohibit offers made in pending unlawful detainer actions. [See B.M.C. 13.79.050 Tenant Buyout Ordinance.]
Engage any Tenant in any form of human trafficking as defined by California Penal Code section 236.1, as a condition of that Tenant’s continued occupancy of a Rental Unit.